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How to reclaim unfair bailiff charges

If you have been overcharged on fees by a bailiff company, you can claim back unfair charges.

Before making a claim against a bailiff company for any unfair charges, the debt must have been settled before you bring a claim.

To give yourself the best possible chance of recovering unfair bailiff charges, ensure you have the following:

    1) original documents supplied by the bailiff
    2) payment receipts
    3) bailiff company documents outlining charges and visit details
    4) correspondence from and to the bailiff company.

A waiting period of around 60 days can be expected once a claim with the bailiffs has been raised. A Company has 40 days in which to reply to your request. The good news is many bailiff firms settle promptly prior to court due, which in itself highlights the need for stricter controls on charges and fees.

If you receive anything less than copies of original documents from the bailiff company, inform them of your rights under the Data Protection Act. A request for original documents outlining charges and visits, is referred to as a Subject Access Request (S.7). An S7 is pursuant to Section 7 of the Data Protection Act 1998, which the bailiff company must comply with by law.

In the even the situation become increasingly trying and bailiffs ignore your correspondence, a second letter can be sent if they do not comply within the 40 days limit. It is advisable to impress upon them once again, that you are fully aware of your rights and they have failed to comply with the Subject Access request. No more than 7 days should be granted for bailiffs to comply with the Subject Access guidelines. After which file your case against them in court with no further notice.

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